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4 2000

SOCIAL WELFARE ACT, 2000

PART V

Improvements in Social Welfare Schemes

Pensions for certain persons who entered insurance prior to 1953.

16. —(1) The Principal Act is amended by the insertion after section 87 of the following section—

“87A.—(1) Notwithstanding this Chapter and regulations made thereunder, a pension shall be payable in accordance with this section in the case of a person who—

(a) has attained pensionable age,

(b) was an employed contributor under the National Health Insurance Acts, 1911 to 1952, and

(c) has paid—

(i) contributions as an employed contributor under the National Health Insurance Acts, 1911 to 1952, or

(ii) a combination of such contributions and qualifying contributions,

in respect of not less than 260 contribution weeks since he or she first became insured under the National Health Insurance Acts, 1911 to 1952:

Provided that only one pension shall be payable to or in respect of a person under this Chapter.

(2) In taking contributions paid by or in respect of an employed contributor under the National Health Insurance Acts, 1911 to 1952, into account under this section, every two such contributions under those Acts shall be reckoned as three contributions paid in respect of three contribution weeks, with any odd contribution being reckoned as two contributions paid in respect of two contribution weeks.

(3) A pension payable in accordance with this section shall be payable at half the rate specified in column (2) at reference 3 of Part I of the Second Schedule.

(4) The weekly rate of old age (contributory) pension payable in accordance with this section shall be increased by—

(a) half the amount set out in column (3) at reference 3 of Part I of the Second Schedule for any period during which the beneficiary has a qualified adult, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of pension under this subsection in respect of more than one person,

(b) half the amount set out in column (4) at reference 3 of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary,

(c) the amount set out in column (6) at reference 3 of Part I of the Second Schedule where the beneficiary is living alone, and

(d) the amount set out in column (7) at reference 3 of Part I of the Second Schedule where the beneficiary has attained the age of 80 years.”.

(2) This section comes into operation on 5 May 2000.

Assessment of means — improvements in assessment of property (capital).

17. —(1) The Third Schedule to the Principal Act is amended by—

(a) the substitution in Rule 1 of Part I for paragraph (1) (as amended by section 37 of the Act of 1996) and paragraph (1A) (inserted by section 15 of the Act of 1996) of the following paragraphs:

“(1) (a) Other than in such circumstances and subject to such conditions and for such periods as may be prescribed, the weekly value of property belonging to the person or to his or her spouse (not being property personally used or enjoyed by the person or his or her spouse or a farm of land leased either by the person or his or her spouse) which is invested or otherwise put to profitable use or is capable of being, but is not, invested or put to profitable use and such weekly value, calculated in accordance with subparagraph (b), shall be deemed to constitute the weekly means of a person from such property.

(b) The weekly value of the property referred to in subparagraph (a) shall be calculated as follows:

(i) the first £10,000 of the capital value of the property shall be excluded,

(ii) the weekly value of so much of the capital value of the property as exceeds £10,000 but does not exceed £20,000 shall be assessed at £1 per each £1,000,

(iii) the weekly value of so much of the capital value of the property as exceeds £20,000 but does not exceed £30,000 shall be assessed at £2 per each £1,000, and

(iv) the weekly value of so much of the capital value of the property as exceeds £30,000 shall be assessed at £4 per each £1,000.

(1A) Regulations may modify paragraph (1) in relation to the calculation of the weekly value of property belonging to a person.”,

(b) the substitution in Rule 1 of Part II (as amended by section 25(1) of the Act of 1997) for paragraph (1) of the following paragraph:

“(1) (a) Other than in such circumstances and subject to such conditions and for such periods as may be prescribed, the weekly value of property belonging to the person (not being property personally used or enjoyed by the person or a farm of land leased by him or her) which is invested or is otherwise put to profitable use by the person or which, though capable of investment or profitable use is not invested or put to profitable use and such weekly value, calculated in accordance with subparagraph (b), shall be deemed to constitute the weekly means of a person from such property.

(b) The weekly value of the property referred to in subparagraph (a) shall be calculated as follows:

(i) the first £10,000 of the capital value of the property shall be excluded,

(ii) the weekly value of so much of the capital value of the property as exceeds £10,000 but does not exceed £20,000 shall be assessed at £1 per each £1,000,

(iii) the weekly value of so much of the capital value of the property as exceeds £20,000 but does not exceed £30,000 shall be assessed at £2 per each £1,000, and

(iv) the weekly value of so much of the capital value of the property as exceeds £30,000 shall be assessed at £4 per each £1,000,

but no account shall be taken under any other provision of these Rules of any appropriation of the property for the purpose of current expenditure.”,

(c) the substitution in Rule 1(3A) of Part II (inserted by section 37 of the Act of 1996) for “yearly” of “weekly”, and

(d) the substitution in Rule 1 of Part IV (inserted by section 16 of the act of 1999) for paragraph (2) of the following paragraphs:

“(2) (a) Other than in such circumstances and subject to such conditions and for such periods as may be prescribed, the weekly value of all property belonging to him or her or to his or her spouse (not being a farm of land owned or leased either by him or her or by his or her spouse) which is invested or is otherwise put to profitable use or which, though capable of investment or profitable use is not invested or put to profitable use by the farmer or his or her spouse and such weekly value, calculated in accordance with subparagraph (b), shall be deemed to constitute the weekly means of the farmer from such property.

(b) The weekly value of the property referred to in subparagraph (a) shall be calculated as follows:

(i) the first £10,000 of the capital value of the property shall be excluded,

(ii) the weekly value of so much of the capital value of the property as exceeds £10,000 but does not exceed £20,000 shall be assessed at £1 per each £1,000,

(iii) the weekly value of so much of the capital value of the property as exceeds £20,000 but does not exceed £30,000 shall be assessed at £2 per each £1,000, and

(iv) the weekly value of so much of the capital value of the property as exceeds £30,000 shall be assessed at £4 per each £1,000,

but no account shall be taken under any other provision of these Rules of any appropriation of the property for the purpose of current expenditure;

(2A) Regulations may modify paragraph (2) in relation to the calculation of the weekly value of property belonging to a person;”.

(2) Each provision of the Principal Act mentioned in column (1) of Schedule E to this Act is amended in the manner specified in column (2) of that Schedule opposite the mention of that provision in column (1).

(3) Subject to subsection (4), this section shall not have the effect of reducing the rate of any assistance payable below the rate payable immediately before the commencement of this section in relation to that assistance.

(4) Subsection (3) shall cease to apply to any person where the amount of capital on which the assessment of his or her means was based on the commencement of this section, is found to have increased.

(5) This section comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

Farm assist — improvements in assessment of income.

18. —(1) Part IV of the Third Schedule to the Principal Act (inserted by section 16 of the Act of 1999) is amended by—

(a) the substitution in Rule 1 for paragraph (1) of the following paragraph:

“(1) the gross yearly income which the farmer or his or her spouse may be reasonably expected to receive from farming or any other form of self-employment, less—

(a) any expenses necessarily incurred in carrying on farming or other form of self-employment, and

(b) in the case of a farmer who has a qualified child, who normally resides with him or her, an amount of—

(i) £200 per annum in respect of each of the first two qualified children, and

(ii) £300 per annum in respect of each subsequent qualified child,

calculated at the rate of 70 per cent.;”,

and

(b) the deletion in Rule 1(3) of subparagraph (i).

(2) This section comes into operation on such day as the Minister may appoint by order.

Assessment of means— fisherman.

19. —(1) Part I of the Third Schedule to the Principal Act is amended by the substitution in Rule 1 for paragraph (8) (inserted by section 22 of the Act of 1999) of the following paragraph:

“(8) in the case of a fisherman, the gross income derived from any form of self-employment less—

(a) any expenses necessarily incurred in carrying on any form of self-employment, and

(b) where the fisherman has a qualified child, who normally resides with him or her, an amount of—

(i) £200 per annum in respect of each of the first two qualified children, and

(ii) £300 per annum in respect of each subsequent qualified child,

calculated at the rate of 70 per cent.”.

(2) This section comes into operation on such day as the Minister may appoint by order.

Child dependants — retention of full-rate increase.

20. —(1) The Principal Act is amended by the substitution in section 245A (inserted by section 15 of the Act of 1995) for subsections (3) and (4) of the following subsection:

“(3) In this section ‘benefit’ means benefit under Part II.”.

(2) This section comes into operation—

(a) in so far as it relates to unemployment assistance and farm assist, on 5 April 2000,

(b) in so far as it relates to unemployment benefit, on 6 April 2000,

(c) in so far as it relates to disability benefit or injury benefit, on 10 April 2000,

(d) in so far as it relates to disability allowance, on 12 April 2000,

(e) in so far as it relates to pre-retirement allowance, on 13 April 2000,

(f) in so far as it relates to unemployability supplement, on 7 April 2000.

Disability allowance — improvements.

21. —(1) Section 191B of the Principal Act (inserted by section 13 of the Act of 1996) is amended by the deletion in subsection (3A) (inserted by section 20 of the Act of 1999) of the proviso.

(2) Subsection (1) comes into operation on 3 May 2000.

(3) Rule 1(2)(s) (inserted by section 26 of the Act of 1997) of Part I of the Third Schedule to the Principal Act is amended by the substitution for subparagraph (ii) of the following subparagraph:

“(ii) such amount as may be prescribed of earnings from employment or self-employment of a rehabilitative nature,”.

(4) Subsection (3) comes into operation on such day as the Minister may appoint by order.

Carer's allowance — increase in respite care grant.

22. — The Principal Act is amended by the substitution in section 168A(1) (inserted by section 11 of the Act of 1999) for “£200” of “£300”.

Return of contributions — maintenance arrangements.

23. —(1) The Principal Act is amended by the insertion after section 29A (inserted by section 33 of the Act of 1997) of the following section:

“29B.—Regulations may provide for the return of so much, if any, as may be prescribed subject to such conditions as may be prescribed, of any employment contribution, self-employment contribution, voluntary contribution or optional contribution paid by a contributor, in respect of any payment made by him or her under or pursuant to a maintenance arrangement within the meaning of section 1025 of the Taxes Consolidation Act, 1997 , relating to a marriage for the benefit of the other party to the marriage, unless section 1026 of that Act applies in respect of such payment.”.

(2) This section comes into operation on 6 April 2000.

One-parent family payment — saver provision.

24. —(1) Section 18 of the Act of 1996 (as amended by section 23 of the Act of 1999) is amended by the insertion after subsection (5) of the following subsection:

“(6) Notwithstanding the provisions of this Part, in the case of a woman who—

(a) was in receipt of deserted wife's allowance under Chapter 5 of Part III of the Social Welfare (Consolidation) Act, 1981 , and transferred from that scheme to the lone parent's allowance scheme under Chapter 5A (inserted by section 12 of the Social Welfare Act, 1990 ) of Part III of the said Act following the commencement of that Chapter in 1990, and

(b) ceases or has ceased to be entitled to one-parent family payment under Chapter 9 of Part III of the Principal Act by virtue of no longer having at least one qualified child residing with her,

she shall, where but for this Part she would be entitled to a relevant payment under subsection (1)(b), become and continue to be entitled to the said payment, for the duration of her continuous entitlement thereto, in accordance with the Principal Act and regulations made thereunder.”.

(2) This section shall be deemed to have come into operation on 2 January 1997.

Payments after death — improvements.

25. —(1) Section 210 (2) (as amended by section 17 of the Act of 1999) of the Principal Act is amended by—

(a) the insertion after paragraph (a) of the following paragraph:

“(aa) where a person in receipt of old age (contributory) pension, retirement pension, old age (non-contributory) pension or blind pension dies, and his or her spouse is in receipt of an old age (contributory) pension or a retirement pension in his or her own right, payment of the deceased person's pension shall continue to be made for a period of 6 weeks after the date of death and shall, during that period, be made to such person and subject to such conditions as may be prescribed, and”,

and

(b) the insertion after paragraph (b) of the following paragraph:

“(bb) where a person is in receipt of one-parent family payment by virtue of having not more than one qualified child and that qualified child dies, payment of the one-parent family payment including the increase in respect of such child shall continue to be made for a period of 6 weeks after the date of death of the qualified child, and”.

(2) This section comes into operation on 6 April 2000.

Supplementary welfare allowance — income disregards.

26. —(1) Rule 1 (1) of Part III of the Third Schedule to the Principal Act is amended by the insertion after paragraph (o) (inserted by section 26(1)(d) of the Act of 1997) of the following paragraph—

“(p) in the case of a person in receipt of a supplement under section 179 towards the amount of mortgage interest or rent payable by him or her in respect of his or her residence:

(i) £25, or such higher amount as may be prescribed, from the amount of income derived when gross earnings from employment have been reduced by the aggregate of—

(I) any allowable contribution referred to in Regulations 59 and 60 (inserted by the Income Tax (Employments) Regulations, 1972 (S.I. No. 260 of 1972)) of the Income Tax (Employments) Regulations, 1960 (S.I. No. 28 of 1960),

(II) any amount deducted from reckonable earnings pursuant to section 10 and regulations made under section 11,

(III) any amount deducted from reckonable earnings pursuant to section 5 of the Health Contributions Act, 1979 , and

(IV)any amount equal to the amount of reduction, if any, in the rate of unemployment assistance or one-parent family payment under Part III consequent on receipt of the said earnings from employment;

(ii) the amount by which carer's allowance exceeds the amount of supplementary welfare allowance set out in column (3) at reference 10 of the Fourth Schedule, in the case of a claimant, or his or her spouse, who is in receipt of carer's allowance under Part III,

(iii) the amount by which carer's allowance exceeds the amount of supplementary welfare allowance set out in column (2) at reference 10 of the Fourth Schedule, in the case of a claimant who, not being one of a couple, is in receipt of carer's allowance under Part III,

(iv) such amount as may be prescribed from attendance at such training course as may be prescribed;”.

(2) This section comes into operation on 3 April 2000.

Entitlement to unemployment assistance.

27. —(1) Section 125(1) of the Principal Act is amended by the substitution for paragraphs (a), (b) and (c) of the following paragraphs:

“(a) an inmate of an institution maintained wholly or partly out of public moneys or by a local authority, or

(b) employed during any week under a scheme administered by An Foras áiseanna Saothair and known as Community Employment.”.

(2) Subsection (2) of section 125 of the Principal Act is repealed.

(3) This section comes into operation on such day as the Minister may appoint by order.